Podcast: Restoring the Constitution-Understanding Proper Authority (Article I, Section 8 Discussion)
Federico Lines, of States Rights Radio, and I discussed this week Article I, Section 8 of the U.S. Constitution with regards to immigration and war powers.
The podcast (link here) can be found here:
https://www.spreaker.com/user/16611197/tonight-s-episode-the-clear-definition-o
We’ve discussed over the weeks our rights as described in the Bill of Rights and various other amendments, but it’s also important to discuss what proper authority looks like according to the seven articles of the Constitution.
Immigration, Naturalization and all thing Border related
Article I, Section 8, Clause 4 states:
“The Congress shall have Power… To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States.”
The first half of our discussion this week was on immigration. So, Congress can write “uniform Laws” on the issue of immigration, but what does that mean?
Ultimately, enforcement is meant to be a local issue, and as we argue about how to deal with perceived problems stemming from illegal immigration we’ve got to stop looking for top-down approaches.
As is the case for most everything we discuss on the show, we’ve ceded way too much authority to the federal government in the name of “solving problems” when in actuality the problems just get worse.
And that leads to foolish things like E-Verify, which the Republicans past just last week:
https://sethhancock.substack.com/p/show-me-your-papers-gop-passes-bill
Ultimately, my contention is that the problems related to illegal immigration aren’t related to immigrants. Even if there are border issues, that’s not a huge problem either. The real problem is our overwhelming welfare and entitlement state that nobody in government wants to address.
Often times, people worry about illegal immigrants taking our “government benefits” and our “government services.” Well, I say nobody is entitled to so-called “benefits” and “services” from government, whether immigrant or born and raised Americans. Dismantle this system of government thievery, take care of your own problems in your life and things will work themselves out.
War Powers
Article I, Section 8, Clauses 11-14 states “The Congress has the Power”:
“To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces.”
Article II, Section 2 does call the president the “Commander in Chief of the Army and Navy of the United States,” but this is after the Congress has declared war.
Our arrogant foreign policy of policing the world for over a century has cost the American people dearly in both fortune and lives. Congress has been derelict in its duty for over a century allowing the executive branch, led by unelected war bureaucracies, to make war for profit. It’s for the Military Industrial Complex, not for our freedom. Our freedoms are lost because of the Military Industrial Complex.
With that, I want to contrast the words of two of our founders, George Washington and Thomas Jefferson, compared to one of the worst presidents, Woodrow Wilson. Note, the Wilson-era neocon foreign policy had been in the works for a few decades with the likes of Theodore Roosevelt, as Lines noted in the podcast.
Washington said in his 1796 farewell address:
“Against the insidious wiles of foreign influence (I conjure you to believe me, fellow-citizens) the jealousy of a free people ought to be constantly awake, since history and experience prove that foreign influence is one of the most baneful foes of republican government. But that jealousy to be useful must be impartial; else it becomes the instrument of the very influence to be avoided, instead of a defense against it. Excessive partiality for one foreign nation and excessive dislike of another cause those whom they actuate to see danger only on one side, and serve to veil and even second the arts of influence on the other. Real patriots who may resist the intrigues of the favorite are liable to become suspected and odious, while its tools and dupes usurp the applause and confidence of the people, to surrender their interests.
The great rule of conduct for us in regard to foreign nations is in extending our commercial relations, to have with them as little political connection as possible. So far as we have already formed engagements, let them be fulfilled with perfect good faith. Here let us stop. Europe has a set of primary interests which to us have none; or a very remote relation. Hence she must be engaged in frequent controversies, the causes of which are essentially foreign to our concerns. Hence, therefore, it must be unwise in us to implicate ourselves by artificial ties in the ordinary vicissitudes of her politics, or the ordinary combinations and collisions of her friendships or enmities.
Our detached and distant situation invites and enables us to pursue a different course. If we remain one people under an efficient government. the period is not far off when we may defy material injury from external annoyance; when we may take such an attitude as will cause the neutrality we may at any time resolve upon to be scrupulously respected; when belligerent nations, under the impossibility of making acquisitions upon us, will not lightly hazard the giving us provocation; when we may choose peace or war, as our interest, guided by justice, shall counsel.
Why forego the advantages of so peculiar a situation? Why quit our own to stand upon foreign ground? Why, by interweaving our destiny with that of any part of Europe, entangle our peace and prosperity in the toils of European ambition, rivalship, interest, humor or caprice?
It is our true policy to steer clear of permanent alliances with any portion of the foreign world; so far, I mean, as we are now at liberty to do it; for let me not be understood as capable of patronizing infidelity to existing engagements. I hold the maxim no less applicable to public than to private affairs, that honesty is always the best policy. I repeat it, therefore, let those engagements be observed in their genuine sense. But, in my opinion, it is unnecessary and would be unwise to extend them.
Taking care always to keep ourselves by suitable establishments on a respectable defensive posture, we may safely trust to temporary alliances for extraordinary emergencies.
Harmony, liberal intercourse with all nations, are recommended by policy, humanity, and interest. But even our commercial policy should hold an equal and impartial hand; neither seeking nor granting exclusive favors or preferences; consulting the natural course of things; diffusing and diversifying by gentle means the streams of commerce, but forcing nothing; establishing (with powers so disposed, in order to give trade a stable course, to define the rights of our merchants, and to enable the government to support them) conventional rules of intercourse, the best that present circumstances and mutual opinion will permit, but temporary, and liable to be from time to time abandoned or varied, as experience and circumstances shall dictate; constantly keeping in view that it is folly in one nation to look for disinterested favors from another; that it must pay with a portion of its independence for whatever it may accept under that character; that, by such acceptance, it may place itself in the condition of having given equivalents for nominal favors, and yet of being reproached with ingratitude for not giving more. There can be no greater error than to expect or calculate upon real favors from nation to nation. It is an illusion, which experience must cure, which a just pride ought to discard.”
Jefferson, in his 1801 first inaugural address, said:
“About to enter, fellow-citizens, on the exercise of duties which comprehend everything dear and valuable to you, it is proper you should understand what I deem the essential principles of our Government, and consequently those which ought to shape its Administration. I will compress them within the narrowest compass they will bear, stating the general principle, but not all its limitations. Equal and exact justice to all men, of whatever state or persuasion, religious or political; peace, commerce, and honest friendship with all nations, entangling alliances with none; the support of the State governments in all their rights, as the most competent administrations for our domestic concerns and the surest bulwarks against antirepublican tendencies; the preservation of the General Government in its whole constitutional vigor, as the sheet anchor of our peace at home and safety abroad; a jealous care of the right of election by the people -- a mild and safe corrective of abuses which are lopped by the sword of revolution where peaceable remedies are unprovided; absolute acquiescence in the decisions of the majority, the vital principle of republics, from which is no appeal but to force, the vital principle and immediate parent of despotism; a well-disciplined militia, our best reliance in peace and for the first moments of war till regulars may relieve them; the supremacy of the civil over the military authority; economy in the public expense, that labor may be lightly burthened; the honest payment of our debts and sacred preservation of the public faith; encouragement of agriculture, and of commerce as its handmaid; the diffusion of information and arraignment of all abuses at the bar of the public reason; freedom of religion; freedom of the press, and freedom of person under the protection of the habeas corpus, and trial by juries impartially selected. These principles form the bright constellation which has gone before us and guided our steps through an age of revolution and reformation. The wisdom of our sages and blood of our heroes have been devoted to their attainment. They should be the creed of our political faith, the text of civic instruction, the touchstone by which to try the services of those we trust; and should we wander from them in moments of error or of alarm, let us hasten to retrace our steps and to regain the road which alone leads to peace, liberty, and safety.”
Note that both clearly recognized America as a republic, and both spoke about a desire for peace and sovereignty.
Now, let’s look at Wilson in his 1917 speech to Congress seeking a declaration of war to enter World War I. Wilson said:
“The world must be made safe for democracy. Its peace must be planted upon the tested foundations of political liberty. We have no selfish ends to serve. We desire no conquest, no dominion. We seek no indemnities for ourselves, no material compensation for the sacrifices we shall freely make. We are but one of the champions of the rights of mankind. We shall be satisfied when those rights have been made as secure as the faith and the freedom of nations can make them….
It is a distressing and oppressive duty, gentlemen of the Congress, which I have performed in thus addressing you. There are, it may be, many months of fiery trial and sacrifice ahead of us. It is a fearful thing to lead this great peaceful people into war, into the most terrible and disastrous of all wars, civilization itself seeming to be in the balance. But the right is more precious than peace, and we shall fight for the things which we have always carried nearest our hearts—for democracy, for the right of those who submit to authority to have a voice in their own governments, for the rights and liberties of small nations, for a universal dominion of right by such a concert of free peoples as shall bring peace and safety to all nations and make the world itself at last free.”
First off, Wilson describes America as a democracy, or tyranny of the majority, rather than a republic. The arrogance and self-righteousness come through in spades, and it is built on lies.
Those lies were exposed by Major General Smedley Butler who fought in multiple wars, World War I his last, during his 34-year career in the Marines. He was the most decorated Marine in America when he wrote War Is A Racket, published in 1935. Smedley began the book:
“WAR is a racket. It always has been.
It is possibly the oldest, easily the most profitable, surely the most vicious. It is the only one international in scope. It is the only one in which the profits are reckoned in dollars and the losses in lives.
A racket is best described, I believe, as something that is not what it seems to the majority of the people. Only a small ‘inside’ group knows what it is about. It is conducted for the benefit of the very few, at the expense of the very many. Out of war a few people make huge fortunes.
In the World War [I] a mere handful garnered the profits of the conflict. At least 21,000 new millionaires and billionaires were made in the United States during the World War. That many admitted their huge blood gains in their income tax returns. How many other war millionaires falsified their tax returns no one knows.
How many of these war millionaires shouldered a rifle? How many of them dug a trench? How many of them knew what it meant to go hungry in a rat-infested dug-out? How many of them spent sleepless, frightened nights, ducking shells and shrapnel and machine gun bullets? How many of them parried a bayonet thrust of an enemy? How many of them were wounded or killed in battle?”
In chapter five, Butler writes:
“I am not a fool as to believe that war is a thing of the past. I know the people do not want war, but there is no use in saying we cannot be pushed into another war.
Looking back, Woodrow Wilson was re-elected president in 1916 on a platform that he had ‘kept us out of war’ and on the implied promise that he would ‘keep us out of war.’ Yet, five months later he asked Congress to declare war on Germany.
In that five-month interval the people had not been asked whether they had changed their minds. The 4,000,000 young men who put on uniforms and marched or sailed away were not asked whether they wanted to go forth to suffer and die.
Then what caused our government to change its mind so suddenly?
Money.
An allied commission, it may be recalled, came over shortly before the war declaration and called on the President. The President summoned a group of advisers. The head of the commission spoke. Stripped of its diplomatic language, this is what he told the President and his group:
‘There is no use kidding ourselves any longer. The cause of the allies is lost. We now owe you (American bankers, American munitions makers, American manufacturers, American speculators, American exporters) five or six billion dollars.
If we lose (and without the help of the United States we must lose) we, England, France and Italy, cannot pay back this money . . . and Germany won’t.
So…’
Had secrecy been outlawed as far as war negotiations were concerned, and had the press been invited to be present at that conference, or had radio been available to broadcast the proceedings, America never would have entered the World War. But this conference, like all war discussions, was shrouded in utmost secrecy. When our boys were sent off to war they were told it was a ‘war to make the world safe for democracy’ and a ‘war to end all wars.’
Well, eighteen years after, the world has less of democracy than it had then. Besides, what business is it of ours whether Russia or Germany or England or France or Italy or Austria live under democracies or monarchies? Whether they are Fascists or Communists? Our problem is to preserve our own democracy.
And very little, if anything, has been accomplished to assure us that the World War was really the war to end all wars.
Yes, we have had disarmament conferences and limitations of arms conferences. They don't mean a thing. One has just failed; the results of another have been nullified. We send our professional soldiers and our sailors and our politicians and our diplomats to these conferences. And what happens?
The professional soldiers and sailors don't want to disarm. No admiral wants to be without a ship. No general wants to be without a command. Both mean men without jobs. They are not for disarmament. They cannot be for limitations of arms. And at all these conferences, lurking in the background but all-powerful, just the same, are the sinister agents of those who profit by war. They see to it that these conferences do not disarm or seriously limit armaments.
The chief aim of any power at any of these conferences has not been to achieve disarmament to prevent war but rather to get more armament for itself and less for any potential foe.
There is only one way to disarm with any semblance of practicability. That is for all nations to get together and scrap every ship, every gun, every rifle, every tank, every war plane. Even this, if it were possible, would not be enough.
The next war, according to experts, will be fought not with battleships, not by artillery, not with rifles and not with machine guns. It will be fought with deadly chemicals and gases.
Secretly each nation is studying and perfecting newer and ghastlier means of annihilating its foes wholesale. Yes, ships will continue to be built, for the shipbuilders must make their profits. And guns still will be manufactured and powder and rifles will be made, for the munitions makers must make their huge profits. And the soldiers, of course, must wear uniforms, for the manufacturer must make their war profits too.
But victory or defeat will be determined by the skill and ingenuity of our scientists.
If we put them to work making poison gas and more and more fiendish mechanical and explosive instruments of destruction, they will have no time for the constructive job of building greater prosperity for all peoples. By putting them to this useful job, we can all make more money out of peace than we can out of war -- even the munitions makers.
So. ..I say,
TO HELL WITH WAR!”